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Real Estate Broker Management Agreement Powered By Docstoc
					Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                             Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                        Document revision 2.1-052011



                                            PROPERTY MANAGEMENT AGREEMENT
                                                  PART I-BROKER DUTIES

Every Licensed New Mexico Real Estate Broker is obligated to disclose Broker Duties. Please acknowledge receipt of this information
by signing or initialling at the bottom of this page. Disclosure: The following brokerage relationships are available in the State of New
Mexico: (1) transaction broker, (2) exclusive agency, and (3) dual agency.

Prior to the time an Associate Broker or Qualifying Broker generates or presents any written document that has the potential to become
an express written agreement, the Broker shall disclose in writing to a prospective buyer, seller, landlord, or tenant, the following list of
Broker Duties that are owed to all Customers and Clients by all Brokers regardless of the brokerage relationship:

   (A) Honesty and reasonable care; as set forth in the provisions of this section;

   (B) Compliance with local, state, and federal fair housing and anti-discrimination laws, the New Mexico Real Estate License Law
       and the Real Estate Commission Rules and Regulations, and other applicable local , state, and federal laws and regulations;

   (C) Performance of any and all oral or written agreements made with the Broker’s Customer or Client;

   (D) Assistance to the Broker’s Customer or Client in completing the Transaction, unless otherwise agreed to in writing by the
       Customer and Client, including (1) Presentation of all offers or counter-offers in a timely manner, and (2) Assistance in
       complying with the terms and conditions of the contract and with the closing of the Transaction; (3) the Broker in a Transaction
       is not providing the service, advise, or assistance described in D(l) and D(2), the Customer or Client must agree in writing that
       the Broker is not expected to provide such service, advise, or assistance, and the Broker shall disclose such agreement in writing
       to the other Brokers involved in the Transaction;

   (E) Acknowledgment by the Broker that there may be matters related to the Transaction that are outside the Broker’s knowledge
       or expertise and that the Broker will suggest that the Customer or Client seek expert advise on these matters;

   (F) Prompt accounting for all monies or property received by the Broker;

   (G) Prior to the time the Associate Broker or Qualifying Broker generales or presents any written document that has the potential
       to become an express written agreement, written disclosure of (1) any written Brokerage Relationship the Broker has with any
       other Parties to the Transaction; (2) any material interest or relationship of a business, personal, or family nature that the Broker
       has in the Transaction; and (3) other Brokerage Relationship options available in New Mexico;

   (H) Disclosure of any adverse material facts actually known by the Broker about the property or the Transaction, or about the
       financial ability of the Parties to the Transaction to complete the Transaction. Adverse material facts do not include data from
       a sex offender registry or the existence of group homes;

   (I)    Maintenance of any confidential information learned in the course of any prior Agency relationship unless the disclosure is with
          the former Client’s consent or is required by law;

   ( J)   Unless otherwise authorized in writing, a Broker shall not disclose to their Customer or Client during the transaction that their
          Seller Client or Customer has previously indicated they will accept a sales price less than the asking or listed price of a property;
          that their Buyer Client or Customer has previously indicated they will pay a sales price greater than the price submitted in a
          written offer; the motivation of their Client or Customer for selling or buying property; that their Seller Client or Customer or
          their Buyer Client or Customer will agree to financing terms other than those offered; or any other information requested in
          writing by the Broker’s Customer or Client to remain confidential, unless disclosure is required by law.



Signature                                      Date           Time        Signature                                         Date              Time
                                                                   PAGE 1
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                             Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                        Document revision 2.1-052011



                                                       PART I- BROKER DUTIES

Effective January 1, 2007, the New Mexico Real Estate Commission requires the disclosure of the following brokerage relationships (as
quoted from 16.61.19.9 NMAC, 1-1-2004):

16.61.19.9 BROKERAGE RELATIONSHIPS: Brokerages working with consumers either as customers or clients may do so through
a variety of brokerage relationships. These relationships include but are not limited to an exclusive agency relationship, a dual agency
relationship, or a transaction broker relationship. For all regulated real estate transactions, a buyer, seller, landlord, or tenant may enter
into an express written agreement to become a client of a brokerage without creating an agency relationship, and no agency duties will
be imposed.

         A. Exclusive Agency: an express written agreement between a person and a brokerage wherein the brokerage agrees to
         exclusively represent as an agent the interests of the person in a real estate transaction. Such agreements include buyer agency,
         seller agency, designated agency, and subagency agreements.

         B. Dual Agency: an express written agreement that modifies the existing exclusive agency agreements to provide
         that the brokerage agrees to act as a facilitator in a real estate transaction rather than as an exclusive agent for either party to the
         transaction.

         C. Transaction Broker: a brokerage that provides real estate services without entering into an agency relationship.




                                                                    PAGE 2                            Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                              Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                          Document revision 2.1-052011



                                             PROPERTY MANAGEMENT AGREEMENT
                                             PART II - BROKER INTEREST DISCLOSURE

1. Broker     does       does not have a material interest or relationship of a business, personal or family nature in the transaction,
including compensation from more than one party.

If the Brokerage or Qualifying Broker has a material interest or relationship of a business, personal or family nature in the transaction, that the
interest or relationship must also be disclosed separately. See attached addendum for description of such interest or relationship if one exists.



2. Property owner          is       is not   a New Mexico real estate Broker.




Owner Name                                      Date            Time        Owner Name                                        Date              Time


If property owner IS a New Mexico real estate Broker:



Firm Name                                                                   Firm Name



Owner Signature                                 Date            Time        Owner Signature                                   Date              Time




                                                                     PAGE 3                            Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                             Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                        Document revision 2.1-052011



                                           PROPERTY MANAGEMENT AGREEMENT
                                               PART III - AGREEMENT TERMS

  (1)    PARTIES.                                                                      (“Owner”) grants to the undersigned Broker
         the exclusive right to rent and manage as agent for Owner the Property described in paragraph (2), subject to the terms and
         conditions of this Agreement.

  (2)    DESCRIPTION OF PROPERTY.                       Date Property is Available:


        Street Address                                                                 City                                  Zip Code

        Square Footage                                APPLIANCES PROVIDED:                          Front Landscaping:
        Approx. Year Built                                  Stove/Oven
        Asking Rent                                         Dishwasher
        Levels                                              Microwave                               Back Landscaping:
        # of Bedrooms                                       Refrigerator
        # of Bathrooms                                      Washing Machine
        TYPE OF PARKING:                                    Dryer                                   Special Features:
              Garage - # of spaces                          Other:
              Carport - # of spaces
              Driveway
              Street/Curb
        TYPE OF COOLING:
              Refrigerated Air
              Evap./Swamp Cooler                      OTHER ROOMS:
              Ceiling Fans                                  Office/Den                                    Gated Community
              Window Units                                  Breakfast Nook                                    Code
              Room Coolers                                  2nd Living Room
              Other:                                        Loft                                    Garage Entry Code:
        TYPE OF HEATING:                                    Formal Dining                           # of Provided Garage Openers:
              Gas Furnace                                   Basement
              Wall Heaters                                  Other:                                   PLEASE NOTE: Providing an appliance
              Baseboard Heaters                                                                      can help your home rent faster and may
                                                                                                     increase the amount of rent you get for it,
              Radiant Heating                                                                        however, if you provide an appliance you
                                                                                                     are required to maintain the appliance
              Portable Room Units                                                                    per the New Mexico Owner / Resident
                                                                                                     Relations Act.
              Other:

  (3)    TERM. The term of this Agreement will begin on the date this contract is signed and dated by both parties, and will continue
         in perpetuity or until written notice is given by either party to terminate the agreement. If an active lease is in place on the
         property, 30 day notice must be given by either party to terminate, otherwise, termination is immediate upon written notice. In
         case of Owner breech of this Agreement, or if Owner inhibits Broker in any way from performing the duties of this agreement,
         Broker reserves the right to terminate this Agreement immediately.
                                                                     PAGE 4                           Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                         Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                    Document revision 2.1-052011



                                           PROPERTY MANAGEMENT AGREEMENT
                                               PART III - AGREEMENT TERMS

  (4)    BROKER OBLIGATIONS. Broker agrees to:

         A. RENT. Accept the management responsibility for the Property and furnish services for the renting,operation,and management
            of the Property; rent the Property and sign, renew, and/or terminate rental agreements, with a minimum term of _____
            months and a maximum term of _____ months; impose late charges and returned check fees and disburse them as follows:

              All fees associated with late rent, returned checks, application, credit report, lease transfer, and similar fees paid by any
              Tenant shall be retained by Broker for enforcing the respective lease provisions. All payments are allocated to the oldest
              charges on the account first (including fees and past due rent), then to current rent and fees.

         B.   DEPOSIT FUNDS. Deposit all collections in Broker’s trust account. No money may be disbursed to Owner until
              sufficient funds have cleared to cover the disbursement to Owner from the trust account. Nothing in this Agreement shall
              obligate Broker to advance funds on behalf of Owner. Owner agrees to provide any funds needed that are not available in
              the trust account.

         C. ACCOUNT. Render monthly statements of receipts, charges and expenses to Owner, on or around the 10th day of each
            month. Owner disbursements will occur on or around the 15th of each month. Funds may be delayed if tenant payment
            is delayed due to nonpayment or insufficient funds. Banking holidays, weekends & other events may also delay funding.
            Upon termination of this Agreement, Broker shall provide a final accounting of Owner’s account(s) to Owner within 45
            days of the termination.

  (5)    OWNER GRANT OF AUTHORITY. Regarding management of the property, Owner hereby gives to Broker the authority
         to contract in Broker’s name on Owner’s behalf, and unless otherwise provided, at Owner’s expense, and to:

         A. ADVERTISE. Advertise the Property and display signs thereon, if permitted.

         B.   MAINTAIN AND REPAIR.

              1. Make or provide all necessary maintenance, minor alterations, repairs, and utility services to preserve the Property in
                 its present condition as required to comply with the rental agreements, or as required by law.

              2. Negotiate contracts for nonrecurring items and to enter into agreements on behalf of Owner for necessary repairs,
                 maintenance, minor alterations, replacements, and utility services. Owner authorizes a $250.00 reserve to be held in
                 a trust account for the purpose of cash reserves for property repairs. Broker shall pay all bills from the trust account
                 provided funds are available. Broker shall pass on to Owner any rebate or discount which Broker shall obtain.

              3. Engage and discharge other persons or firms to perform services or improvements to the Property. It is expressly
                 understood and agreed that persons engaged to perform services or improvements are engaged by Owner. Broker shall
                 in no way be liable to persons engaged to perform services or improvements to the Property for their compensation,
                 nor shall Broker be liable for acts or omissions on the part of the persons engaged to perform services or improvements
                 to the Property.

              4. Broker agrees to notify owner in writing by electronic mail (email) when any work order request is submitted on the
                 property. Upon receipt of said work order notification, Owner must respond in writing within 48 hours if they wish to:
                 1) coordinate the work order fulfillment themselves, or 2) object to the work being performed. Owner may not object
                 to work order requests that are required to comply with the New Mexico Owner Resident Relations Act. In particular,
                 the following portion:
                           Maintain in good and safe working order and condition, electrical, plumbing, sanitary, heating, ventilating, air
                           conditioning, other facilities and appliances.
                                                                 PAGE 5                           Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                         Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                    Document revision 2.1-052011




                  If Owner does not respond within 48 hours, Broker will authorize work to be completed through a vendor of Broker’s
                  choosing. For work order requests exceeding $250 and not considered an emergency, Owner will have up to 5 business
                  days to respond and develop a resolution with Broker. Also for work orders that will total over $250 in billable
                  services, Broker agrees to attempt contact of the Owner by telephone (using all available phone numbers) in addition
                  to written notification before work is authorized.

              5. In case of emergency, Owner authorizes Brickleys to order repairs without owner approval or notification, however,
                 Broker will attempt to contact Owner by telephone. An emergency is defined as: anything that threatens the structural
                 integrity of the building or anything that causes, or could cause, severe damage to property or surrounding
                 structures. Owner acknowledges that tenants are encouraged to contact vendors or public services directly in the event
                 of emergencies in order to mitigate damages or safety concerns.

              6. Owner Specifically Authorizes the following maintenance and repair work at Owner’s expense where applicable:
                 a. Twice yearly conversion of heating and cooling system(s) for properties equipped with evaporative air units or
                    replace filters once yearly for properties equipped with refrigerated air.
                 b. Installation and/or repair of smoke detectors to comply with city ordinances.
                 c. Re-keying of all exterior doors prior to each resident taking possession.
                 d. Owner authorizes Brickleys to pay overdue water, trash or HOA fines or late payments assessed to the property to
                    prevent property liens.
                 e. Once yearly pest control service on both interior or exterior of property.

         C. RECOVER POSSESSION/DAMAGES. Institute and prosecute actions to the extent permitted by law to remove
            tenants and to recover possession of the Property or recover rent and, when expedient, to settle, compromise and release
            such actions. Brickleys is not licensed as an attorney and cannot sue or act as a collection agency on behalf of the owner
            should a judgement to pay be ordered by a judge.

  (6)    UTILITIES. Owner agrees to contract in their name and responsibility all utilities including gas, electric, water and trash, while
         the home is vacant or should the home become vacant. Owner authorizes Brickleys to submit landlord stand-by paperwork on
         behalf of the owner to prevent utilities to be disconnected due to vacancy. Owner specifically holds Brickleys harmless of any
         damages to property or costs incurred should utilities be shut off for any reason.

  (7)    HOME OWNERS ASSOCIATIONS. Owner agrees to continue to pay any HOA (Home Owner Association) dues
         associated with Property and notify their HOA that the Property is being managed by Brickleys. Owner agrees to request their
         HOA to send any violation notices to Brickleys LLC, P.O. Box 67857, Albuquerque, NM 87193.

  (8)    GATED COMMUNITY ACCESS. Owner agrees to notify HOA of Brickleys authorization to access property and will
         follow HOA’s procedures to grant Brickleys gate openers, gate code, or other means of access.

  (9)    COMPENSATION.

         A. In return for renting and managing the Property, Owner agrees to pay Broker (plus applicable gross receipts taxes) 10% of
            the monthly rent amount per month and:

              1. With respect to a new lease or lease transfer with less than 6 months remaining: $250.00 Leasing Fee, does not apply
                 to lease re-newels of existing tenants.

              2. With respect to taking over an existing lease with a remaining term of at least 6 months: NO CHARGE

              3. With respect to cancellation fees paid by the tenant should they terminate their lease early, 10% of the cancellation fee
                 (plus applicable gross receipts taxes)

                                                                 PAGE 6                           Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                        Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                   Document revision 2.1-052011



              4. With respect to the property being sold to a tenant placed by Brickleys, 3% of the sales price.

              5. With respect to a single family home, minimum management fee charged is $100.00 (plus applicable gross
                 receipts taxes).

         B.   In the event of termination of this Agreement by Owner for any reason, Owner will pay Broker (plus applicable gross
              receipts taxes).

              1. With respect to an existing lease: $300 one-time early termination fee.

              2. With respect to the home being vacant (empty), no management fees or other fees related to management services
                 will be charged.

  (10) TRANSFERS. Lease transfers must be current on all bills and/or current bills must be forgiven by the property owner.
       Brickleys will not collect past due debt charged to the tenant before Brickleys began management. Transfers must include the
       full security deposit given by the tenant at the time they signed their original lease. Security deposit must be held by Broker in
       Brokers Trust Account.

  (11) HOLD HARMLESS CLAUSE. Owner shall hold Broker, Broker’s employees, subcontractors, sub agents or representatives
       harmless from all damage, suits and costs incurred in connection with management of the Property and from liability from
       injuries suffered by any persons as a result of Owner’s negligence, to the extent permitted by New Mexico law.

  (12) INSURANCE. Owner will carry, at Owner’s expense, necessary fire and extended coverage and public liability insurance
       in an amount determined by Owner adequate to protect the interest of Owner and Broker. Brickleys LLC must be listed as
       additionally insured. Owner must submit copies of policies to Broker on demand.

  (13) LEAD-BASED PAINT DISCLOSURE. If a residence on the Property was constructed before 1978, Owner must ( I)
       provide Tenant with a pamphlet (“Protect Your Family from Lead in Your Home”); (2) disclose known presence of lead-based
       paint and lead-based paint hazards; and (3) provide copies of all reports and records avail able to Owner pertaining to lead-
       based paint and lead-based paint hazards on the Property.

        Was your home built before 1978?           Yes      No

  (14) COMPLIANCE WITH LAWS. Owner and Broker shall comply with all laws, ordinances, and regulations
       governing the Property and the rental agreements with tenants, including, but not limited to, New Mexico Real
       Estate Commission license law and regulations, the New Mexico Human Rights Act, the Federal Fair Housing
       Act (which prohibit discrimination on the basis of race, age, religion, color, national origin, ancestry, sex, sexual
       orientation, gender, identity, physical or mental handicap, serious medical condition or spousal affiliation), the Fair
       Debt Collection Practices Act, the Fair Credit Reporting Act, and the New Mexico Uniform Owner Resident
       Relations Act.

  (15) DEPOSITS, REFUND.

         A. All deposits requested from tenants and required by their rental agreements must conform to the limits imposed by the
            Uniform Owner Resident Relations Act and the Federal Fair Housing Act.

         B.   During the term of this Agreement, deposits will be held by the Broker. If Broker holds deposits, the rental agreements
              between Owner and tenants must expressively allow Broker to deliver deposits to Owner at the termination of this
              Agreement.


                                                                 PAGE 7                          Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                         Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                    Document revision 2.1-052011



         C. All deposits shall be accounted for and returned to tenants as required by the Uniform Owner Resident Relations Act and
            the rental agreements. Each party will indemnify and hold the other harmless from any loss, cost or damage, including
            reasonable attorney’s fees, incurred by the innocent party as a result of the act or omission of the party responsible for the
            accounting and return of deposits. Deposits held by Broker cannot be applied to repairs or other costs during the term of
            the rental agreement. Broker will deliver deposits to Owner upon termination of this Agreement.

  (16) PROPERTY CONDITION. Owner will provide Broker with a written inventory list and property condition report (attached).
       Broker’s agreement to manage the Property is contingent on Broker’s satisfaction with the condition of the Property, which
       shall be determined by inspection subject to Broker’s sole discretion.

  (17) YARD MAINTENANCE. Agent does not provide yard services between tenancies. Yard care is considered to include but
       not limited to weeding of planters, trimming and edging of grass and planters, pruning and trimming of all shrubs and trees,
       application of weed control and fertilizer on grass, setting of any automatic timers for sprinkler/irrigation system, or the removal
       of debris or animal feces or snow if the property is unoccupied. If yard service is required it will be scheduled to keep your
         property in great showing condition.

  (18) NORMAL WEAR AND TEAR. Normal wear and tear means the deterioration that occurs based upon the use for which the
       rental unit is intended and without negligence, carelessness, accident, misuse, or abuse of the Premises or contents by the tenants,
       their family, or their guests. For the purpose of this AGREEMENT, Agent will consider the following items as normal wear and
       tear: small nail holes used to hang pictures, minor spot painting between tenants, traffic wear in carpet, worn toilet seats, re
         keying or replacement of worn locks, minor scuffing of hardwood floors, sometimes minor cleaning between tenants,
         blind replacements due to sun damage, paint peeling or flaking, caulking repair or any other preventive maintenance.

  (19) ATTORNEY’S FEES. If either party uses the services of an attorney to enforce the party’s rights or other party’s obligations
         under this agreement, any award of damages shall include costs and reasonable attorney’s fees.

  (20) MISCELLANEOUS. “Delivered” means personally delivered, delivered by facsimile, mailed postage prepaid or by any method
       where there is evidence of receipt. Time is of the essence of this Agreement. This Agreement represents the entire agreement
       of the parties and supersedes all prior agreements or representations that are not expressly set forth in the Agreement.

  (21) ADDITIONAL TERMS. (Please list specific policy’s regarding pets, smoking, current warranty information or
       special instructions regarding your home):




                                                                 PAGE 8                           Initials: Owner ________ Agent ________
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                       Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                  Document revision 2.1-052011



  (22) PARTIES IN AGREEMENT.

         A. BROKER.

         Brickleys Property Solutions (Brickleys, LLC)
         4801 All Saints Dr. NW
         Albuquerque, New Mexico 87120
         Phone Number: (505) 242-2997                Fax Number: (866) 373 -9368                    Email: info@brickleysnm.com

         By Agent/Account Manager:


         Agent/Account Manager Signature                                Date                        Time

         B.   OWNER(S)


         Owner Name                                                     Email


         Owner Address                                        City                                  State               Zip


         Owner Home/Cell Phone                          Owner Work Phone                            Owner Fax


         Owner Social Security Number or Tax Identification Number (needed to provide you with required tax documentation)


         Owner Signature                                                Date                        Time


                                      * * * * IMPORTANT OWNER INSTRUCTIONS * * * *

     •    WE MUST HAVE 3 WORKING KEYS, INCLUDING ONE MAIL KEY
     •    WE MUST HAVE ALL GARAGE DOOR OPENERS
     •    ALL UTILITIES MUST BE ON AND WORKING
     •    IF YOUR CONTRACT IS A TRANSFER, PLEASE PROVIDE INFORMATION FOR US TO OBTAIN KEYS,
          GARAGE OPENERS, SECURITY DEPOSITS AND LEASE AGREEMENT IN THE SPACE BELOW:




                                                               PAGE 9
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                        Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                   Document revision 2.1-052011




                                              DIRECT DEPOSIT AUTHORIZATION


I                                                   authorize Brickleys Property Solutions to automatically deposit funds into the
account shown on the voided check attached below. This authorization will remain in effect until Brickleys Property Solutions receives
written notice of cancellation.




                                                ATTACH VOIDED CHECK HERE
                                                   (Do NOT use a deposit slip)




__________________________________________________________________________
Printed Name                                                             Signature                                       Date



__________________________________________________________________________
Printed Name                                                             Signature                                       Date




                                                               PAGE 11
Form
(Rev. October 2007)
                                       W-9                                          Request for Taxpayer                                                                 Give form to the
                                                                                                                                                                         requester. Do not
Department of the Treasury
                                                                          Identification Number and Certification                                                        send to the IRS.
Internal Revenue Service
                                       Name (as shown on your income tax return)
See Specific Instructions on page 2.




                                       Business name, if different from above
           Print or type




                                       Check appropriate box:       Individual/Sole proprietor          Corporation         Partnership
                                                                                                                                                                           Exempt
                                          Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership)                     payee
                                           Other (see instructions)
                                       Address (number, street, and apt. or suite no.)                                                        Requester’s name and address (optional)


                                       City, state, and ZIP code


                                       List account number(s) here (optional)


       Part I                                Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid                                                     Social security number
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.                                                                   or
 Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose                                                          Employer identification number
 number to enter.
      Part II                                Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
    Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
    notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.

Sign                                       Signature of
Here                                       U.S. person                                                                                     Date

General Instructions                                                                                                 Definition of a U.S. person. For federal tax purposes, you are
                                                                                                                     considered a U.S. person if you are:
Section references are to the Internal Revenue Code unless
otherwise noted.                                                                                                     ● An individual who is a U.S. citizen or U.S. resident alien,
                                                                                                                     ● A partnership, corporation, company, or association created or
Purpose of Form                                                                                                      organized in the United States or under the laws of the United
A person who is required to file an information return with the                                                      States,
IRS must obtain your correct taxpayer identification number (TIN)                                                    ● An estate (other than a foreign estate), or
to report, for example, income paid to you, real estate                                                              ● A domestic trust (as defined in Regulations section
transactions, mortgage interest you paid, acquisition or                                                             301.7701-7).
abandonment of secured property, cancellation of debt, or
                                                                                                                     Special rules for partnerships. Partnerships that conduct a
contributions you made to an IRA.
                                                                                                                     trade or business in the United States are generally required to
   Use Form W-9 only if you are a U.S. person (including a                                                           pay a withholding tax on any foreign partners’ share of income
resident alien), to provide your correct TIN to the person                                                           from such business. Further, in certain cases where a Form W-9
requesting it (the requester) and, when applicable, to:                                                              has not been received, a partnership is required to presume that
  1. Certify that the TIN you are giving is correct (or you are                                                      a partner is a foreign person, and pay the withholding tax.
waiting for a number to be issued),                                                                                  Therefore, if you are a U.S. person that is a partner in a
                                                                                                                     partnership conducting a trade or business in the United States,
   2. Certify that you are not subject to backup withholding, or                                                     provide Form W-9 to the partnership to establish your U.S.
   3. Claim exemption from backup withholding if you are a U.S.                                                      status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a                                                       income.
U.S. person, your allocable share of any partnership income from                                                        The person who gives Form W-9 to the partnership for
a U.S. trade or business is not subject to the withholding tax on                                                    purposes of establishing its U.S. status and avoiding withholding
foreign partners’ share of effectively connected income.                                                             on its allocable share of net income from the partnership
Note. If a requester gives you a form other than Form W-9 to                                                         conducting a trade or business in the United States is in the
request your TIN, you must use the requester’s form if it is                                                         following cases:
substantially similar to this Form W-9.
                                                                                                                     ● The U.S. owner of a disregarded entity and not the entity,
                                                                                                         Cat. No. 10231X                                               Form   W-9   (Rev. 10-2007)
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW               Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                          Document revision 2.1-052011



                                                       PROPERTY CHECKLIST

Property Address:


KITCHEN cabinet condition
 cabinets clean
REFRIGERATOR clean
 2 ice cube trays
 2 crispers & tops
 light bulb
 ice caddie
STOVE clean & working
 oven racks clean
 broiler pan clean
 light bulb
DISPOSAL clean & working
COUNTER TOP condition
FAN, FILTER, HOOD clean
BATHROOM #1 clean
 soap dishes
 towel bars, shower rod, paper holder
 plumbing works properly
 caulking & tile clean
 fan clean/working
BATHROOM #2 clean
 soap dishes
 towel bars, shower rod, paper holder
 plumbing works properly
 caulking & tile clean
 fan clean/working
HEATING AND AIR COND.
 clean & working
 furnace filters
DOORS work properly
 door knobs work
 door locks work
WINDOWS work properly
 windows clean
 screens
 storm windows
                                                             PAGE 12
Brickleys Property Solutions LLC., 4801 All Saints Rd. NW                      Albuquerque, NM 87120, Phone 505.242.2997, Fax 866.373.9368
                                                                                                                 Document revision 2.1-052011




BROKEN/CRACKED windows
CONDITION of doors,frames
 condition of woodwork
CARPETS clean yes or no
 burns,tears,stains (name)
CURTAIN RODS & fixtures
BLINDS & shades
RUBBISH removed
LIGHTING fixtures & bulbs
WALLS surfaces clean
 not repainted or wallpapered
VENTS & registers work
ELECTRICAL outlets work
 cover plates on outlets
MIRRORS clean
SMOKE detectors work


                                                            COMMENTS:




________________________________________________________________________
Owner                                                                   Date


                                                              PAGE 13
PNM USE ONLY:                  Cu                                             stomer Account # ____________________________

Credit Approval Date: ______         Initials: ______             Date Received: _____          Date Effective: _____




                  LANDLORD STANDBY (ELECTRIC)
                      SERVICE AGREEMENT


THIS AG REEMENT is mad e b y Public Ser vice Co mpany o f New Mex ico, ( “PNM”) and __ ______________________
_________________________ (“Landlord”) (each a “Party” and collectively, the “Parties”).

                                                           Section I - Recitals
A.       Landlord owns certain rental property, as listed on Exhibit A, which is attached to this Agreement (“Property”).
B.       PNM is the utility company authorized to provide electric services to the property.
C.       Landlord desires electric services to th e property to continue uni nterrupted when a Tenant re quests t hat t he ser vices i n
         Tenant’s name be discontinued.

                                              Section II - Agreement
NOW THEREFORE, PNM and Landlord agree as follows:

A.        PNM agrees not to term inate services to the property when a Tenant requests that electric services be discontinued. PNM
will in stead tran sfer serv ices in to th e Landlord’s name an d accoun t as of t he date such serv ices are sch eduled to be d iscontinued.
Landlord agrees to pay all of th eir outstanding bills prior to entering into the Landlord Standby Service Agreement by and between
PNM and Land lord. Land lord ag rees t hat th e serv ices will re main in L andlord’s n ame u ntil a n ew Tenant requ ests serv ices to be
placed into his or her nam e, or until Landlord provides written request to disc ontinue service in order to e ncourage new Tenant to
place service in his or her name. See Exhibit B, Part B.

B.       Landlord shall be liable for all bills incurred while service is in Landlord’s name.

C.       PNM is not responsible for a Tenant’s delay in, or failure to, place service in their name.

                                                   Section III – Governing Provisions
A.       Term

        This Agreement shall commence no later than five (5) business days after credit approval is verified and shall be effective for
each property listed on Exhibit A until the Landlord provides written notice to PNM t hat a listed property is no longer subj ect to the
Agreement.

B.       Charges and Fees

        Landlord sh all b e ch arged all ap plicable fees to i nitialize el ectric serv ices if serv ices are discontinued prior to PNM and
Landlord entering into and executing the Landlord Standby Electric Service Agreement.

C.       Notice to Discontinue Services for Non-Payment

          1.      PNM shall not be required to notify Landlord in advance of any Tenant’s request to discontinue service. PNM will
however attempt to notify Landlord of any impending discontinuance of service for non-payment if an Authorization for Information
Disclosure Form is signed by the Tenant and on file with PNM. T his provision shall apply only in instances where the Tenant who
has signed the Authorization for Information Disclosure Form is the same person(s) who has requested and receives electric services
for the same address. See Exhibit B, Part A.

         2.       The obligations of the parties under this agreement are limited to instances where a Tenant requests electric services
to be discontinued, and does not extend to instances where a Tenant’s services are discontinued for non-payment.



                                                                                                                          PNM 756-426 12/08
         3.      If Tenant has vacated the re ntal property and Landlord requests to ha ve services re connected in t he La ndlord’s
name, PNM will impose the current applicable fees and charges, as approved by the New Mexico Public Regulation Commission and
will require payment of all outstanding past due amounts incurred by Landlord.

D.        Request for Information

        Landlord must submit a request in writing, for any updates or changes, including but not limited to, mailing address changes,
phone number updates, or any other amendments or modifications to information provided to PNM.

E. Li       mitation on Damages

       Landlord and PNM agree that n either p arty sh all b e lia ble to the ot her fo r, a nd waives al l, i ncidental or co nsequential
damages arising out of or related to services provided under this Agreement.

F. Term        ination

         Either p arty may ter minate t he Agreem ent b y prov iding three (3) bu siness d ays prior written notice of term ination to th e
other party. S uch termination shall not change or modify the obligations of La ndlord for any services rendered on and prior to the
effective date of termination.

         This Agreem ent and all provisio ns shall be binding upon the      parties, their exec utors, success ors, a nd a dministrators a nd
permitted assignees.


LANDLORD                                                              PNM REPRESENTATIVE

Signature:_________________________________________                   Signature:________________________________________

Name (please print): ________________________________                 Name (please print):________________________________

Date: _____________                                                   Date:_____________

SS# or Tax ID #:___________________________________


Mailing address for Landlord:

Name:

Street:

City:                                                  State:                               Zip:

Telephone number for Landlord: Daytime (_____) ______ - ___________, Evening (_____) _____ - _______

Fax number for Landlord: (_____) ______ - ___________

E – Mail address:________________________________




                                                                                                                         PNM 756-426 12/08
PNM
Attention: Landlord Standby Department
Alvarado Square M/S 2594
Albuquerque, NM 87158
Phone: (505) 246-5700
FAX (505) 246-5770




                                   LANDLORD STANDBY
                             PNM AUTHORIZATION OF 2ND PARTY

I ________________________________________ said owner(s) of the property located at
 (Please Print)
______________________________________________________________________________
(Street number and name also include all units associated with said property(ies). )
_____________________________,                        ___________________                  _________________________
                    (City)                                        (State)                           (Zip Code)

Give authorization to ____________________________________________________________
                       Brickleys, LLC dba. Brickleys Property Solutions
                                           (Name of Representative/Agent/Management Company)
to handle my PNM electric account(s) on my behalf.

Name of Representative and/or Company ____________________________________________
                                       Brickleys, LLC
Mailing address ________________________________________________________________
                 P.O. Box 67857
City _____________________________ State ____________
     Albuquerque                          NM                                               Zip Code _________________
                                                                                                    87193
Phone number __________________________
              505-242-2997                                          Fax number ___________________________
                                                                                866-373-9368
Email address (if applicable) _____________________________________________________
                               info@brickleysnm.com


Owner Name(s) (printed) _________________________________________________________
Mailing address of owner _________________________________________________________
City _____________________________ State ____________                                      Zip Code _________________
Home phone number _______________________                               Fax number _________________________
Email address (if applicable) _____________________________________________________
Social Security Number(s) or
Federal Tax ID Number _________________________________________________________


________________________________________                               __________________________________________
Signature of Owner      Second                                                  Owner Signature
                                                                       (if applicable)


_________________________________________                              __________________________________________
     (Representative and/or Acting Agent)                               (Signature of Representative and/or Acting Agent)
              (please print)

                                                                                       Authorization of 2nd Party   PNM 756-426 12/08
            LANDLORD STANDBY ELECTRIC
                SERVICE AGREEMENT
                 Rental Property Listing
                     EXHIBIT A


Please list the service address for each property to be included in the Landlord Standby Program. If you would
like to have service turned on at a property currently unoccupied please indicate below. If you would like
services transferred from an account currently Active in previous owner/landlord name, please provide the
name of the former owner/landlord _____________________________________.


   Rental Property Address           Turn On         Rental Property Address           Turn On
                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec



                                    Elec                                               Elec




                                                                                                 PNM 756-426 12/08
NEW MEXICO GAS COMPANY USE ONLY:                                          Customer Account # ____________________________

Credit Approval Date: ______          Initials: ______           Date Received: ____________ Date Effective: _____________




                   LANDLORD STANDBY (GAS)
                     SERVICE AGREEMENT



THIS AG REEMENT is m ade b y New Mexico Gas Company, and _ ______________________________________(“Landlord”)
(each a “Party” and collectively, the “Parties”).

                                                           Section I - Recitals
A.       Landlord owns certain rental property, as listed on Exhibit A, which is attached to this Agreement (“Property”).
B.       New Mexico Gas Company is the utility company authorized to provide gas services to the property.
C.       Landlord desires gas ser vices to the property to continue uninterrupted when a Te nant requests that the services in Tenant’s
         name be discontinued.

                                          Section II - Agreement
NOW THEREFORE, New Mexico Gas Company and Landlord agree as follows:

A.       New Mexic o Gas C ompany agrees not to term inate serv ices to th e pro perty wh en a Ten ant requests th at gas serv ices b e
discontinued. New Mex ico Gas Co mpany will in stead tran sfer serv ices in to th e Landlo rd’s name a nd accou nt as of t he d ate such
services are sch eduled to be discontinued. Landlord ag rees to pay all of th eir outstanding bills p rior to en tering i nto t he Landlord
Standby Service Agreement by and between New Mexico Gas Company and Landlord. Landlord agrees that the services will remain
in Landlord’s name until a new Tenant requests services to be placed into his or her name, or until Landlord provides written request
to discontinue service in order to encourage new Tenant to place service in his or her name. See Exhibit B, Part B.

B.       Landlord shall be liable for all bills incurred while service is in Landlord’s name.

C.       New Mexico Gas Company is not responsible for a Tenant’s delay in, or failure to, place service in their name.

                                                  Section III – Governing Provisions
A.       Term

         This Agreement shall commence no later than five (5) business days after credit approval is verified and shall be effective for
each property listed on Exhibit A until the La ndlord provides written notice to Ne w Mexico Gas Company that a listed property is no
longer subject to the Agreement.

B.       Charges and Fees

      Landlord shall be charged all applicable fees to initialize gas services if serv ices are d iscontinued prior to New Mexico Gas
Company and Landlord entering into and executing the Landlord Standby (Gas) Service Agreement.

C.       Notice to Discontinue Services for Non-Payment

         1.       New M exico Gas C ompany shal l n ot be req uired t o notify Lan dlord i n a dvance of any Tenant’s re quest t o
discontinue service. New Mexico Gas Company will however attempt to notify Landlord of any impending discontinuance of service
for n on-payment i f an Aut horization f or I nformation Di sclosure Fo rm is si gned by t he Tenant an d on fi le wi th N ew M exico G as
Company. This provision shall apply only in instances where the Tenant who has signed the Authorization for Information Disclosure
Form is the same person(s) who has requested and receives gas services for the same address. See Exhibit B, Part A.




                                                                                                                        NMGC 756-426 12/08
         2.       The obligations of the parties under this agreement are li mited to instances where a Ten ant requests gas serv ices to
be discontinued, and does not extend to instances where a Tenant’s services are discontinued for non-payment.

        3.     If Tenant has vacated the re ntal property and Landlord requests to ha ve services re connected in t he La ndlord’s
name, New M exico Gas C ompany will i mpose th e curren t ap plicable fees an d ch arges, as approve d by th e New Mex ico Pub lic
Regulation Commission and will require payment of all outstanding past due amounts incurred by Landlord.

D.        Request for Information

        Landlord must submit a request in writing, for any updates or changes, including but not limited to, mailing address changes,
phone number updates, or any other amendments or modifications to information provided to New Mexico Gas Company.

E. Li       mitation on Damages

        Landlord and New Mexico Gas Company agree that neither party shall be liable to the other for, and waives all, incidental or
consequential damages arising out of or related to services provided under this Agreement.

F. Term        ination

         Either p arty may ter minate t he Agreem ent b y prov iding three (3) bu siness d ays prior written notice of term ination to th e
other party. S uch termination shall not change or modify the obligations of La ndlord for any services rendered on and prior to the
effective date of termination.

         This Agreem ent and all provisio ns shall be binding upon the      parties, their exec utors, success ors, a nd a dministrators a nd
permitted assignees.


LANDLORD                                                              NEW MEXICO GAS COMPANY REPRESENTATIVE

Signature:_________________________________________                   Signature:________________________________________

Name (please print): ________________________________                 Name (please print):________________________________

Date: _____________                                                   Date:_____________

SS# or Tax ID #:___________________________________


Mailing address for Landlord:

Name:

Street:

City:                                                  State:                               Zip:

Telephone number for Landlord: Daytime (_____) ______ - ___________, Evening (_____) _____ - _______

Fax number for Landlord: (_____) ______ - ___________

E – Mail address:________________________________




                                                                                                                         NMGC 756-426 12/08
                LANDLORD STANDBY (GAS)
                  SERVICE AGREEMENT
                   Rental Property Listing
                       EXHIBIT A



Please list the service address for each property to be included in the Landlord Standby Program. If you would
like to have service turned on at a property currently unoccupied please indicate below. If you would like
services transferred from an account currently Active in previous owner/landlord name, please provide the
name of the former owner/landlord _____________________________________.


      Rental Property Address             Turn On           Rental Property Address             Turn On



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas



                                          Gas                                                   Gas


                                                                                                NMGC 756-426 12/08
NMGC
Attention: Landlord Standby Department
PO Box 97500
Albuquerque, NM 87199-7500
Phone: (888) 664-2726
Fax:(505) 697-4494




                                    LANDLORD STANDBY
                                                     ND
                              NMGC AUTHORIZATION OF 2 PARTY

I ________________________________________ said owner(s) of the property located at
  (Please Print)


(Street number and name also include all units associated with said property(ies).)
_____________________________,                        _______________________                         ___________________
                     (City)                                         (State)                                      (Zip Code)
Give authorization to           ___________________________________________________________
                                 Brickleys, LLC dba. Brickleys Property Solutions
                                                  (Name of Representative/Agent/Management Company)
to handle my NMGC gas account(s) on my behalf.

Name of Representative and/or Company ___________________________________________
                                       Brickleys, LLC

Mailing address _______________________________________________________________
                P.O. Box 67857
City _____________________________ State ____________ Zip Code ___________________
      Albuquerque                        NM                    87193
Phone number __________________________ Fax number _____________________________
              505-242-2997                           866-373-9368
Email address (if applicable) ______________________________________________________
                               info@brickleysnm.com


Owner Name(s) (printed) _________________________________________________________
Mailing address of owner ________________________________________________________
City _____________________________ State ____________ Zip Code ___________________
Home phone number _______________________ Fax number __________________________
Email address (if applicable) ______________________________________________________
Social Security Number(s) or
Federal Tax ID Number __________________________________________________________



___________________________________________                           ___________________________________________
Signature of Owner                                                    Second Owner Signature
                                                                      (if applicable)



___________________________________________                            ___________________________________________
      (Representative and/or Acting Agent)                              (Signature of Representative and/or Acting Agent)
                (please print)

                                                                                                       nd
                                                                                      Authorization of 2 Party    NMGC 756-426 12/08

				
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